Orissa

Cuttak

CC/44/2017

Priyadarshini Sanghamitra - Complainant(s)

Versus

Popriertor,Utkal Machineries - Opp.Party(s)

S Banerjee

17 Dec 2019

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.44/2017

Priyadarshini Sanghamitra,

Proprietor of Sanghamitra Associates,

Res. of Plot No.3835/9,Srusti Villa,

GGP Colony,PO:Rasulgarh,

P.S:Mancheswr,Bhubaneswar,

Dist:Khurda.                                                                                  .… Complainant.

 

Vrs.

1.      Utkal Machineries,

Represented through it’s Proprietor,

Amit Kumar Dash,

 

2.        Amit Kumar Dash,Proprietor,

Utkal Machineries,

Both are of:

Chandinichowk,Dagarpada,

Stoney Road,Cuttack,PIN-753002.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    05.04.2017

Date of Order:  17.12.2019

 

For the complainant.  :   Sri Soumen Banerjee,Adv. & Associates.

For the O.Ps.1 & 2       :    Sri B.M.Mohapatra,Adv. & Associates.

.

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Forum against the O.Ps for Redressal of his grievances Under Section-12 of the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition .  The allegation made in the complaint is with regard to deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. Briefly stated, the case of the complainant is that for her livelihood, she instituted a proprietorship firm in the name and style “Sanghamitra Associates” which was duly issued by the District Industries Centre,Bhubaneswar,Odisha on 21.2.2015.  The said firm of the complainant is duly registered under the appropriate statute dealing with machines, other machinery for making of paper pulp, paper board, including cutting machines of all kinds, parts and accessories for machines, appliances, instruments or apparatus and principally dealing with manufacturing, wholesale/retail distribution  business principally within the state of Odisha.  Out of the income from the said business the complainant maintains her family.  The complainant has also got permission from appropriate authorities for the said production enterprise.  The firm of the complainant is a Micro Manufacturing enterprise and the complainant is paying rent and taxes to Govt.  for the said enterprise and out of the said income, she runs her life.  The O.P No.1 is a proprietorship firm and the O.P No.2 being the proprietor of the O.P No.1 is looking after its administration as well as its financial functions and he is all way responsible for the O.P No.1.  The O.P No.1 being a proprietorship firm deas with supply, distribution and dealership of machineries principally with machineries for making of paper pulp, paper or paperboard including cutting machines etc and the machines of its similar kind.  During the passing of time the complainant and the O.Ps met with each other as both of them in the similar trade.  The O.P No.2 on behalf of O.P No.1 induced the complainant to purchase the machineries and the other raw materials from the O.Ps.  The O.P No.2 who is acting for the O.P No.1 also further told the complainant to provide the equipment and the raw materials at lesser price than that of the market price. The complainant agreed with his proposal.  The O.P No.2 for and on behalf of the O.P No.1 severally persuaded the petitioner to purchase the materials from him and accordingly the O.Ps supplied quotation to the complainant in order to purchase the materials from him.

The complainant dealing with the manufacturing unit and was is urgent need of money for the sake of her livelihood, being induced by the O.Ps, intended to purchase one brand new heavy duty fully automatic paper plate making machine.Double Die with all allied accessories and one brand new heavy duty semiautomatic hydraulic paper plate making machine, single die, with all allied accessories of ADCO Company for which she sought for the quotation from the O.Ps.While providing the quotation, the O.Ps quoted the price which is 4 times more than the market price i.e. Rs.4,54,000/-(Rupees four lakhs fifty four thousand only).As the complainant is new and a beginner in the said business, she was quite unaware of the market price.But as the O.Ps provided a higher price, the complainant intimated the O.Ps regarding the same but the O.Ps in the guise of good machine told that the O.Ps are providing the machine lesser than that of market price.

The O.Ps further induced the petitioner that they are giving the said machines at a lower price than the market price and the machines are also so efficient and competent than other machines which are available in the market.The complainant being influenced by the O.Ps intended to purchase 2(two) numbers of machines that one brand new Heavy duty fully automatic paper plate making machine.Double die with all allied accessories and one brand new heavy duty semi automatic hydraulic paper plate making machine, single die, with all allied accessories of ADCO Companies.

The complainant was financially incapable to meet the budget as mentioned by the O.Ps. She tried to take the help of the financial institutions and bank for which the complainant approached the O.Ps to give quotation in order to get the monetary help and loan from the bank.The copy of the quotation supplied by the O.Ps is annexed as Annexure-1.

The complainant got the loan from the bank according to the quotation given by the O.Ps.Apart from that the petitioner consulted with the accountants and financial experts for the project consultancy and to that effect the complainant has also spent Rs.41,000/-(Rupees forty one thousand only).The money receipts are annexed as Annexure-2.

Thereafter the complainant paid Rs.1,25,000/(Rupees one lakh twenty five thousand only) on 27.8.15 to O.Ps which is acknowledged through money receipt no.135.The copy of the said money receipt is annexed as Annexure-3.The complainant took the shelter of bank of Baroda to pay the rest amount as per the quotation prescribed by the O.Ps on 27.8.15 to Bank of Baroda for the purchase of above mentioned machines.Bank of Baroda sanctioned loan in favour of the complainant and provided the loan of Rs.3,29,000/-(Rupees three lakhs twenty nine thousand only) to the complainant and by this way she paid a Banker’s cheque vide no.241232 on 29.8.15 to the O.Ps.The complainant paid Rs.4,54,000/- to the O.Ps and purchased the above mentioned machines.The copy of the bills of purchasing the said machine is annexed as Annexure-4.

Soon after the purchase of said machines when the complainant started its function, it did not work at all and many more numbers of defects have been detected in those machines and the complainant became shocked as she has took large numbers of work orders from the market and at that point of time she was in urgent need of money.

After getting the work orders when the complainant intended to complete the works, the machines as supplied by the O.Ps did not work for which she could not meet the market demand.The complainant contacted the O.Ps in order to solve the machinery problems.But the O.Ps avoided and the complainant suspected foul play on the part of O.P and when she enquired from market, she came to know that the O.Ps have cheated her by taking four times more money per machine from her and the O.Ps did not supply the authentic machine to her.The O.Ps have supplied the machine of ADCO Company but the parts of the saidmachine was of week in nature and did not function properly for which she could not meet the demand of market and sustained huge financial loss.When the O.Ps induced the complainant to provide the raw materials, the complainant also paidRs.1,95,000/- on different installmentswhich has also been acknowledged by the O.Ps through the money receipt No.156 dt.29.9.15 amounting to Rs.60,000/-, 157 dt.3.,10.15 of Rs.85,000/- no.158 dt.3.10.15 of Rs.50,000/- that in totalRs.1,95,000/-.The copy of the money receipts are annexed as Annexure-5.

The O.ps have given her the raw materials of bad quality at a high market price which are 3(three) times more than the market price.The complainant sustained loss to the tune of Rs.26,27,000/-(Rupees twenty six lakhs twenty seven thousand only). Due to the defective machines, the complainant could not be able to produce its materials and could not fulfill the demand of its costumers and she sustained huge financial loss and broken down financially.

In the mean time, in order to solve the machinery problems, the complainant has called the respective mechanics and engineers but failed in her attempts as both of the machines are totally of low grade resulting in loss to the complainant to the tune of lakhs of rupees.

The complainant sent legal notice to the O.Ps in their last known and correct address on 3.3.17 with a request to pay compensation, damages for the mental agony sustained by the complainant.Though the said legal notice was duly served upon them, they remained silent.Copy of the legal notice and the postal receipts are filed as Annexure-6.

During grant of acknowledgement by the District Industries Centre, Bhubaneswar on 21.2.15, the details of the items to be manufactured/service to be provided has been mentioned categorically such as paper bowl and meal plates, 72,00,00,000 units, paper plates 12,00,000,00 units and paper cups 5,76,00,00,00 units, the value of which is Rs.22,68,000.00p, Rs.20,79,000/- and Rs.9,07,000/- respectively.Due to non-functioning of machines since the date of purchase, the complainant sustained huge financial loss as estimated above and certified by the State Govt. and she has also paid house rent for the same.She has also spent lakhs of rupees towards repair of the machines.

Therefore the complainant has prayed before this Forum to direct the O.P to take back the defective machines and refund Rs.4,54,000/- and pay Rs.8,80,000/-(Rupees eight lakhs eighty thousand) only towards compensation, damages and loss.

2. The O.Ps neither appeared nor filed their written version.  So O.Ps are set exparte.
3. We have heard from the learned counsel of the complainant at length and went through the documents and papers filed by the complainant and the pleadings of the complainant and found that the complainant has purchased paper plate making machine and other allied machines and accessories from the O.P and paid Rs.4,54,000/-towards the cost of the machines and the said machines did not function at all as a result she could not meet the market requirement and suffered financial loss.  Since the O.Ps did not participate in the hearing, we conclude that they have nothing to say in their favour and we are constrained to believe the uncontroverted statement of the complainant.  We are of the considered view that the O.Ps have adopted unfair trade practice for which they are jointly and severally liable for the same.

ORDER

The case of the complainant is allowed exparte against the O.Ps and O.Ps are directed to refund Rs.4,54,000/-(Four lakh  fifty-four thousand) only towards the cost of the machine and take back the defective machines and pay Rs.5,00,000/-(Rupees five lakhs) only as compensation for damages and loss  to the complainant within a period of 45 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 17^th day of December,2019  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                         Member (W)                                                                                                                                                                                                                                                                                                                                    (Sri D.C.Barik)

                                                                                                          President.